Stainless Steel Sheet and Strip in Coils From Italy: Preliminary Results of the Full Second Five-Year (“Sunset”) Review of the Antidumping Duty Order, 81214-81217 [2010-32476]

Download as PDF 81214 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices erowe on DSK5CLS3C1PROD with NOTICES calculates an assessment rate for each importer of the subject merchandise for each respondent. Upon issuance of the final results of this administrative review, if any importer-specific assessment rates calculated in the final results are above de minimis (i.e., at or above 0.5 percent), the Department will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries. To determine whether the duty assessment rates covering the period were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), for each respondent we calculated importer (or customer)specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to that importer or customer and dividing this amount by the total entered value of the sales to that importer (or customer). Where an importer (or customer)-specific ad valorem rate is greater than de minimis, and the respondent has reported reliable entered values, we apply the assessment rate to the entered value of the importer’s/customer’s entries during the review period. Where an importer (or customer)-specific ad valorem rate is greater than de minimis and we do not have reliable entered values, we calculate a per-unit assessment rate by aggregating the dumping duties due for all U.S. sales to each importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer). The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). This clarification will apply to entries of subject merchandise during the POR produced by the respondent for which it did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the allothers rate if there is no rate for the intermediate company(ies) involved in the transaction. For a full discussion of this clarification, see Antidumping and Countervailing Duty Proceedings Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). Cash Deposit Requirements The following antidumping duty deposit rates will be effective upon publication of the final results of this administrative review for all shipments of pasta from Italy entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 for by section 751(a)(1) of the Tariff Act of 1930, as amended (the Act): (1) If the exporter is not a firm covered in this review, but was covered in a previous review or the original less-than-fairvalue (LTFV) investigation, the cash deposit rate will continue to be the company-specific rate established for the most recent period; (2) if the exporter is not a firm covered in this review, a prior review, or the LTFV investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the subject merchandise; and (3) if neither the exporter nor the manufacturer is a firm covered by this review, a prior review, or the LTFV investigation, the cash deposit rate will be 15.45 percent, the all-others rate established in the Section 129 determination. See Implementation of the Findings of the WTO Panel in US—Zeroing (EC): Notice of Determinations Under Section 129 of the Uruguay Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 2007). These cash deposit requirements shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent increase in antidumping duties by the amount of antidumping and/or countervailing duties reimbursed. Notification Regarding APOs This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(5). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i)(1) of the Act. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Dated: December 14, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. Appendix I List of Comments in the Issues and Decision Memorandum Comment 1: Use of Quarterly Cost Methodology for Garofalo Comment 2: Whether the Department Should Include Transportation Recovery in the U.S. Sales Calculation Comment 3: Whether the Department Should Modify its Liquidation Instructions to U.S. Customs and Border Protection Comment 4: General and Administrative and Financial Expense Ratios [FR Doc. 2010–32473 Filed 12–23–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–824] Stainless Steel Sheet and Strip in Coils From Italy: Preliminary Results of the Full Second Five-Year (‘‘Sunset’’) Review of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 2, 2010, the Department of Commerce (‘‘the Department’’) initiated its second sunset review of the antidumping duty order on stainless steel sheet and strip in coils from Italy, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department is conducting a full sunset review of the order pursuant to 751(c) of the Act and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order on stainless steel sheet and strip in coils from Italy would be likely to lead to continuation or recurrence of dumping. FOR FURTHER INFORMATION CONTACT: David Cordell or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0408, or (202) 482–3019, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 2, 2010, the Department published the notice of initiation of the sunset review of the antidumping duty order on stainless steel sheet and strip (‘‘SSSS’’) in coils from Italy, pursuant to E:\FR\FM\27DEN1.SGM 27DEN1 erowe on DSK5CLS3C1PROD with NOTICES Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices section 751(c) the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 30777 (June 2, 2010) (‘‘Notice of Initiation’’). The Department received a notice of intent to participate in the sunset review of the antidumping duty order on SSSS in coils from Italy from the following petitioners: AK Steel Corporation; Allegheny Ludlum Corporation; North American Stainless; the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Service Workers International Union; United Auto Workers Local 3303; and United Auto Workers Local 4104 (collectively, ‘‘petitioners’’ or ‘‘domestic interested parties’’) within the deadline specified in 19 CFR 351.218(d)(1)(i). The petitioners claimed interested party status under section 771(9)(C) and (D) of the Act stating that its individual members are each producers in the United States of a domestic like product or certified unions representing workers in the domestic industry producing subject merchandise. The Department received a substantive response to the Notice of Initiation from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department also received a timely substantive response from respondent interested party ThyssenKrupp Acciai Speciali Terni S.P.A. (‘‘TKAST’’) within the applicable deadline specified in 19 CFR 351.218(d)(3)(i).1 On July 6, 2010, the Department received a request from domestic interested parties for an extension of the deadline for filing rebuttal comments to the substantive responses submitted by the respondent. Pursuant to 19 CFR 351.302(b), domestic interested parties and the respondent were granted an extension to file rebuttal comments to the substantive responses until July 9, 2010. On July 9, 2010, the Department received rebuttal comments to the substantive responses from the domestic interested parties and the respondent. Section 351.218(e)(1)(ii)(A) of the Department’s regulations provides that the Secretary normally will conclude that respondent interested parties have provided adequate response to a notice of initiation where it receives complete substantive responses from respondent interested parties accounting on average for more than 50 percent, by volume (or value basis, if appropriate), of the total exports of the subject merchandise to the United States over the five calendar years preceding the year of publication 1 Domestic interested parties and the respondent filed substantive responses on July 2, 2010. VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 of the notice of initiation. On July 22, 2010, the Department determined that domestic interested parties’ and TKAST’s responses constituted adequate responses to the notice of initiation. In accordance with 19 CFR 351.218(e)(2)(i), the Department determined to conduct a full sunset review of this antidumping duty order and notified the International Trade Commission. See Letter to Ms. Catherine DeFilippo, Director, Office of Investigations, U.S. International Trade Commission, from James Maeder, Director, Office 2, AD/CVD Operations, entitled ‘‘Expedited and Full Sunset Reviews of the Antidumping Duty Orders Initiated in June 2010,’’ dated July 22, 2010. On September 23, 2010, the Department extended the deadlines for both the preliminary and final results of this review by 90 days. See Certain Stainless Steel Sheet and Strip in Coils from Italy and Mexico: Extension of Time Limits for Preliminary and Final Results of Full Five-year (‘‘Sunset’’) Reviews of Antidumping Duty Orders, 75 FR 57899 (September 23, 2010). Scope of the Order For purposes of the order, the products covered are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, polished, aluminized, coated, etc.) provided that it maintains the specific dimensions of sheet and strip following such processing. The merchandise subject to the order is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTS’’) at subheadings: 7219.13.00.31, 7219.13.00.51, 7219.13.00.71, 7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 7219.35.00.35, 7219.90.00.10, PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 81215 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15, 7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30, 7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, 7220.90.00.80. Although the HTS subheadings are provided for convenience and customs purposes, the Department’s written description of the merchandise subject to the order is dispositive. Excluded from the scope of the order are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled; (2) sheet and strip that is cut to length, (3) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm, and (5) razor blade steel. Razor blade steel is a flat-rolled product of stainless steel, not further worked than cold-rolled (cold-reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. See Chapter 72 of the HTS, ‘‘Additional U.S. Note’’ 1(d). Flapper valve steel is also excluded from the scope of the order. This product is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less. The product is manufactured by means of vacuum arc remelting, with inclusion controls for sulphide of no more than 0.04 percent and for oxide of no more than 0.05 percent. Flapper valve steel has a tensile strength of between 210 and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 ksi, and a hardness (Hv) of between 460 and 590. Flapper valve steel is most commonly used to produce specialty flapper valves in compressors. Also excluded is a product referred to as suspension foil, a specialty steel product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 E:\FR\FM\27DEN1.SGM 27DEN1 erowe on DSK5CLS3C1PROD with NOTICES 81216 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus-or-minus 2.01microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of the order. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of less than 0.002 or greater than 0.05 percent, and total rare earth elements of more than 0.06 percent, with the balance iron. Permanent magnet iron-chromiumcobalt alloy stainless strip is also excluded from the scope of the order. This ductile stainless steel strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent cobalt, with the remainder of iron, in widths 228.6 mm or less, and a thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300 oersteds. This product is most commonly used in electronic sensors and is currently available under proprietary trade names such as ‘‘Arnokrome III.’’ 2 Certain electrical resistance alloy steel is also excluded from the scope of the order. This product is defined as a nonmagnetic stainless steel manufactured to American Society of Testing and Materials (ASTM) specification B344 and containing, by weight, 36 percent nickel, 18 percent chromium, and 46 percent iron, and is most notable for its resistance to high temperature corrosion. It has a melting point of 1390 degrees Celsius and displays a creep rupture limit of 4 kilograms per square millimeter at 1000 degrees Celsius. This steel is most commonly used in the production of heating ribbons for circuit breakers and industrial furnaces, and in rheostats for railway locomotives. The product is currently available under proprietary trade names such as ‘‘Gilphy 36’’.3 Certain martensitic precipitationhardenable stainless steel is also excluded from the scope of the order. This high-strength, ductile stainless steel product is designated under the Unified Numbering System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese, silicon and molybdenum each comprise, by weight, 0.05 percent or less, with phosphorus and sulfur each comprising, by weight, 0.03 percent or less. This steel has copper, niobium, and titanium added to achieve aging, and will exhibit yield strengths as high as 1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after aging, with elongation percentages of 3 percent or less in 50 mm. It is generally provided in thicknesses between 0.635 and 0.787 mm, and in widths of 25.4 mm. This product is most commonly used in the manufacture of television tubes and is currently available under proprietary trade names such as ‘‘Durphynox 17’’.4 Finally, three specialty stainless steels typically used in certain industrial blades and surgical and medical instruments are also excluded from the scope of the order. These include stainless steel strip in coils used in the production of textile cutting tools (e.g., carpet knives).5 This steel is similar to AISI grade 420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. This steel is sold under proprietary names such as ‘‘GIN4 Mo.’’ The second excluded stainless steel strip in coils is similar to AISI 420–J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, silicon of between 0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, phosphorus of no more than 0.025 percent and sulfur of no more than 0.020 percent. This steel has a carbide density on average of 100 carbide particles per 100 square microns. An example of this product is ‘‘GIN5’’ steel. The third specialty steel has a chemical composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, molybdenum of 36’’ is a trademark of Imphy, S.A. 17’’ is a trademark of Imphy, S.A. 5 This list of uses is illustrative and provided for descriptive purposes only. 3 ‘‘Gilphy between 1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80 percent, phosphorus of no more than 0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of no more than 0.020 percent. This product is supplied with a hardness of more than Hv 500 guaranteed after customer processing, and is supplied as, for example, ‘‘GIN6.’’ 6 Also excluded from the order is a permanent magnet ironchromium-cobalt stainless steel strip containing, by weight, 13 percent chromium, 6 percent cobalt, 71 percent iron, 6 percent nickel and 4 percent molybdenum. The product is supplied in widths up to 1.27 cm (12.7 mm), inclusive, with a thickness between 45 and 75 microns, inclusive. This product exhibits magnetic remanence between 400 and 780 nWb, and coercivity of between 60 and 100 oersteds. This product is currently supplied under the trade name ‘‘SemiVac 90.’’ Analysis of Comments Received All issues raised in this sunset review are addressed in the ‘‘Issues and Decision Memorandum for the Preliminary Results of the Full FiveYear (‘‘Sunset’’) Review of the Antidumping Duty Order on Stainless Steel Sheet and Strip in Coils from Italy’’ from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration (‘‘Decision Memorandum’’), which is hereby adopted by, and issued concurrently with, this notice. The issues discussed in the Decision Memorandum are the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order is revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit, room 7046 of the main Department building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Preliminary Results of Review We preliminarily determine that revocation of the antidumping duty order on SSSS in coils from Italy would be likely to lead to continuation or recurrence of dumping at the following weighted-average percentage margins: 4 ‘‘Durphynox 2 ‘‘Arnokrome III’’ is a trademark of the Arnold Engineering Company. VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 6 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ and ‘‘GIN6’’ are the proprietary grades of Hitachi Metals America, Ltd. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices Weighted-Average margin (percent) Manufacturers/Exporters/Producers TKAST ................................................................................................................................................................................... All Others ............................................................................................................................................................................... Any interested party may request a hearing within 30 days of publication of this notice in accordance with 19 CFR 351.310(c). Consistent with 19 CFR 351.310(d)(1), any hearing, if requested, will generally be held two days after the scheduled date for submission of rebuttal briefs, in accordance with 19 CFR 351.309(d). Interested parties may submit case briefs no later than 50 days after the date of publication of these preliminary results of review, in accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be limited to issues raised in the case briefs, may be filed not later than five days after the time limit for filing the case brief, unless the Secretary alters this time limit. 19 CFR 351.309(d). The Department will issue a notice of final results of this sunset review, which will include the results of its analysis of issues raised in any such briefs, no later than April 28, 2011. This five-year (‘‘sunset’’) review and notice are in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: December 20, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–32476 Filed 12–23–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–423–809] Stainless Steel Plate in Coils From Belgium: Preliminary Results of Full Sunset Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On June 2, 2010, the Department of Commerce (‘‘the Department’’) initiated the second sunset review of the countervailing duty (‘‘CVD’’) order on certain stainless steel plate in coils from Belgium (‘‘subject merchandise’’) pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and adequate substantive responses from ArcelorMittal Stainless Belgium erowe on DSK5CLS3C1PROD with NOTICES AGENCY: VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 N.V. (‘‘AMS’’) and the Government of Belgium (‘‘GOB’’), the Department determined to conduct a full sunset review of the CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our analysis, the Department preliminarily finds that revocation of the CVD order would likely lead to continuation or recurrence of a countervailable subsidy. DATES: Effective Date: December 27, 2010. FOR FURTHER INFORMATION CONTACT: Alexander Montoro or David Neubacher, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–0238 or (202) 482–5823. SUPPLEMENTARY INFORMATION: Background On June 2, 2010, the Department initiated the second sunset review of the CVD order on stainless steel plate in coils (‘‘SSPC’’) from Belgium in accordance with section 751(c) of the Act. See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 30777 (June 2, 2010). Within the deadline specified in 19 CFR 351.218(d)(1)(i), the Department received notices of intent to participate on behalf of Allegheny Ludlum Corporation and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, ‘‘Petitioners’’). The submitters claimed interested party status under sections 771(9)(C) and (D) of the Act, as a manufacturer of a domestic like product and as a certified union representing workers in the domestic industry producing certain SSPC, respectively. The Department received a substantive response from Petitioners within the deadline specified in 19 CFR 351.218(d)(3)(i). The Department also received substantive responses in a timely manner from the following respondent interested parties: AMS and the GOB (collectively, ‘‘Respondents’’). Timely rebuttal comments were received from Petitioners and Respondents on July 9, 2010. On July 22, 2010, after analyzing the submissions and rebuttals from interested parties and finding the PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 81217 2.11 2.11 substantive responses adequate, the Department determined to conduct a full sunset review. See Memorandum from Yasmin Nair, International Trade Compliance Analyst, to Susan H. Kuhbach, Director, AD/CVD Operations, Office 1, entitled ‘‘Adequacy Determination in Countervailing Duty Sunset Review of Certain Stainless Steel Plate in Coils from Belgium,’’ dated July 22, 2010. On September 24, 2010, the Department published in the Federal Register an extension of the time limit for the completion of the preliminary results of this sunset review until no later than December 20, 2010, as permitted by section 751(c)(5)(B) of the Act. See Stainless Steel Plate in Coils from Belgium: Extension of Time Limits for Preliminary and Final Results of Full Five-Year (‘‘Sunset’’) Review of Countervailing Duty Order, 75 FR 58351 (September 24, 2010). On November 23, 2010, the GOB, at the request of the Department, placed on the record a verification report from the CVD investigation of SSPC from Belgium, which the GOB cited in its substantive response. See GOB’s November 23, 2010, submission. Scope of the Order The products covered by the order are imports of certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm1 or more in 1 On May 11, 2007, the Department received a scope inquiry request from U&A Belgium regarding whether the scope of the orders on SSPC from Belgium excludes stainless steel products with an actual thickness less than 4.75mm, regardless of its nominal thickness. The Department conducted a scope inquiry applicable to all countries subject to the SSPC antidumping and CVD orders. In the Department’s scope ruling, dated December 3, 2008, the Department determined that SSPC with a nominal thickness of 4.75mm, but with an actual thickness less than 4.75mm, and within the dimensional tolerances for this thickness of plate, is included in the scope of the antidumping duty orders on SSPC from Belgium, Italy, South Africa, the Republic of Korea, and Taiwan and CVD orders on SSPC from Belgium and South Africa. See Memorandum from Melissa G. Skinner to Stephen J. Claeys, entitled ‘‘Stainless Steel Plate in Coils from Belgium: Final Scope Ruling,’’ dated December 3, 2008. E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81214-81217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32476]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-824]


Stainless Steel Sheet and Strip in Coils From Italy: Preliminary 
Results of the Full Second Five-Year (``Sunset'') Review of the 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On June 2, 2010, the Department of Commerce (``the 
Department'') initiated its second sunset review of the antidumping 
duty order on stainless steel sheet and strip in coils from Italy, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). The Department is conducting a full sunset review of the order 
pursuant to 751(c) of the Act and 19 CFR 351.218(e)(2)(i). As a result 
of this sunset review, the Department preliminarily finds that 
revocation of the antidumping duty order on stainless steel sheet and 
strip in coils from Italy would be likely to lead to continuation or 
recurrence of dumping.

FOR FURTHER INFORMATION CONTACT: David Cordell or Angelica Mendoza, AD/
CVD Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
0408, or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2010, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on stainless steel 
sheet and strip (``SSSS'') in coils from Italy, pursuant to

[[Page 81215]]

section 751(c) the Act. See Initiation of Five-Year (``Sunset'') 
Review, 75 FR 30777 (June 2, 2010) (``Notice of Initiation'').
    The Department received a notice of intent to participate in the 
sunset review of the antidumping duty order on SSSS in coils from Italy 
from the following petitioners: AK Steel Corporation; Allegheny Ludlum 
Corporation; North American Stainless; the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial Service 
Workers International Union; United Auto Workers Local 3303; and United 
Auto Workers Local 4104 (collectively, ``petitioners'' or ``domestic 
interested parties'') within the deadline specified in 19 CFR 
351.218(d)(1)(i). The petitioners claimed interested party status under 
section 771(9)(C) and (D) of the Act stating that its individual 
members are each producers in the United States of a domestic like 
product or certified unions representing workers in the domestic 
industry producing subject merchandise.
    The Department received a substantive response to the Notice of 
Initiation from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). The Department also 
received a timely substantive response from respondent interested party 
ThyssenKrupp Acciai Speciali Terni S.P.A. (``TKAST'') within the 
applicable deadline specified in 19 CFR 351.218(d)(3)(i).\1\
---------------------------------------------------------------------------

    \1\ Domestic interested parties and the respondent filed 
substantive responses on July 2, 2010.
---------------------------------------------------------------------------

    On July 6, 2010, the Department received a request from domestic 
interested parties for an extension of the deadline for filing rebuttal 
comments to the substantive responses submitted by the respondent. 
Pursuant to 19 CFR 351.302(b), domestic interested parties and the 
respondent were granted an extension to file rebuttal comments to the 
substantive responses until July 9, 2010. On July 9, 2010, the 
Department received rebuttal comments to the substantive responses from 
the domestic interested parties and the respondent.
    Section 351.218(e)(1)(ii)(A) of the Department's regulations 
provides that the Secretary normally will conclude that respondent 
interested parties have provided adequate response to a notice of 
initiation where it receives complete substantive responses from 
respondent interested parties accounting on average for more than 50 
percent, by volume (or value basis, if appropriate), of the total 
exports of the subject merchandise to the United States over the five 
calendar years preceding the year of publication of the notice of 
initiation. On July 22, 2010, the Department determined that domestic 
interested parties' and TKAST's responses constituted adequate 
responses to the notice of initiation. In accordance with 19 CFR 
351.218(e)(2)(i), the Department determined to conduct a full sunset 
review of this antidumping duty order and notified the International 
Trade Commission. See Letter to Ms. Catherine DeFilippo, Director, 
Office of Investigations, U.S. International Trade Commission, from 
James Maeder, Director, Office 2, AD/CVD Operations, entitled 
``Expedited and Full Sunset Reviews of the Antidumping Duty Orders 
Initiated in June 2010,'' dated July 22, 2010.
    On September 23, 2010, the Department extended the deadlines for 
both the preliminary and final results of this review by 90 days. See 
Certain Stainless Steel Sheet and Strip in Coils from Italy and Mexico: 
Extension of Time Limits for Preliminary and Final Results of Full 
Five-year (``Sunset'') Reviews of Antidumping Duty Orders, 75 FR 57899 
(September 23, 2010).

Scope of the Order

    For purposes of the order, the products covered are certain 
stainless steel sheet and strip in coils. Stainless steel is an alloy 
steel containing, by weight, 1.2 percent or less of carbon and 10.5 
percent or more of chromium, with or without other elements. The 
subject sheet and strip is a flat-rolled product in coils that is 
greater than 9.5 mm in width and less than 4.75 mm in thickness, and 
that is annealed or otherwise heat treated and pickled or otherwise 
descaled. The subject sheet and strip may also be further processed 
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that 
it maintains the specific dimensions of sheet and strip following such 
processing. The merchandise subject to the order is currently 
classified in the Harmonized Tariff Schedule of the United States 
(``HTS'') at subheadings: 7219.13.00.31, 7219.13.00.51, 7219.13.00.71, 
7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15, 
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30, 
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, 
7220.90.00.80.
    Although the HTS subheadings are provided for convenience and 
customs purposes, the Department's written description of the 
merchandise subject to the order is dispositive. Excluded from the 
scope of the order are the following: (1) Sheet and strip that is not 
annealed or otherwise heat treated and pickled or otherwise descaled; 
(2) sheet and strip that is cut to length, (3) plate (i.e., flat-rolled 
stainless steel products of a thickness of 4.75 mm or more), (4) flat 
wire (i.e., cold-rolled sections, with a prepared edge, rectangular in 
shape, of a width of not more than 9.5 mm, and (5) razor blade steel. 
Razor blade steel is a flat-rolled product of stainless steel, not 
further worked than cold-rolled (cold-reduced), in coils, of a width of 
not more than 23 mm and a thickness of 0.266 mm or less, containing, by 
weight, 12.5 to 14.5 percent chromium, and certified at the time of 
entry to be used in the manufacture of razor blades. See Chapter 72 of 
the HTS, ``Additional U.S. Note'' 1(d). Flapper valve steel is also 
excluded from the scope of the order. This product is defined as 
stainless steel strip in coils containing, by weight, between 0.37 and 
0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and 
between 0.20 and 0.80 percent manganese. This steel also contains, by 
weight, phosphorus of 0.025 percent or less, silicon of between 0.20 
and 0.50 percent, and sulfur of 0.020 percent or less. The product is 
manufactured by means of vacuum arc remelting, with inclusion controls 
for sulphide of no more than 0.04 percent and for oxide of no more than 
0.05 percent. Flapper valve steel has a tensile strength of between 210 
and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 
ksi, and a hardness (Hv) of between 460 and 590. Flapper valve steel is 
most commonly used to produce specialty flapper valves in compressors. 
Also excluded is a product referred to as suspension foil, a specialty 
steel product used in the manufacture of suspension assemblies for 
computer disk drives. Suspension foil is described as 302/304 grade or 
202

[[Page 81216]]

grade stainless steel of a thickness between 14 and 127 microns, with a 
thickness tolerance of plus-or-minus 2.01microns, and surface 
glossiness of 200 to 700 percent Gs. Suspension foil must be supplied 
in coil widths of not more than 407 mm, and with a mass of 225 kg or 
less. Roll marks may only be visible on one side, with no scratches of 
measurable depth. The material must exhibit residual stresses of 2 mm 
maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain 
stainless steel foil for automotive catalytic converters is also 
excluded from the scope of the order. This stainless steel strip in 
coils is a specialty foil with a thickness of between 20 and 110 
microns used to produce a metallic substrate with a honeycomb structure 
for use in automotive catalytic converters. The steel contains, by 
weight, carbon of no more than 0.030 percent, silicon of no more than 
1.0 percent, manganese of no more than 1.0 percent, chromium of between 
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of 
no more than 0.045 percent, sulfur of no more than 0.03 percent, 
lanthanum of less than 0.002 or greater than 0.05 percent, and total 
rare earth elements of more than 0.06 percent, with the balance iron. 
Permanent magnet iron-chromium-cobalt alloy stainless strip is also 
excluded from the scope of the order. This ductile stainless steel 
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 
percent cobalt, with the remainder of iron, in widths 228.6 mm or less, 
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic 
remanence between 9,000 and 12,000 gauss, and a coercivity of between 
50 and 300 oersteds. This product is most commonly used in electronic 
sensors and is currently available under proprietary trade names such 
as ``Arnokrome III.'' \2\
---------------------------------------------------------------------------

    \2\ ``Arnokrome III'' is a trademark of the Arnold Engineering 
Company.
---------------------------------------------------------------------------

    Certain electrical resistance alloy steel is also excluded from the 
scope of the order. This product is defined as a non-magnetic stainless 
steel manufactured to American Society of Testing and Materials (ASTM) 
specification B344 and containing, by weight, 36 percent nickel, 18 
percent chromium, and 46 percent iron, and is most notable for its 
resistance to high temperature corrosion. It has a melting point of 
1390 degrees Celsius and displays a creep rupture limit of 4 kilograms 
per square millimeter at 1000 degrees Celsius. This steel is most 
commonly used in the production of heating ribbons for circuit breakers 
and industrial furnaces, and in rheostats for railway locomotives. The 
product is currently available under proprietary trade names such as 
``Gilphy 36''.\3\
---------------------------------------------------------------------------

    \3\ ``Gilphy 36'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------

    Certain martensitic precipitation-hardenable stainless steel is 
also excluded from the scope of the order. This high-strength, ductile 
stainless steel product is designated under the Unified Numbering 
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13 
percent chromium, and 7 to 10 percent nickel. Carbon, manganese, 
silicon and molybdenum each comprise, by weight, 0.05 percent or less, 
with phosphorus and sulfur each comprising, by weight, 0.03 percent or 
less. This steel has copper, niobium, and titanium added to achieve 
aging, and will exhibit yield strengths as high as 1700 Mpa and 
ultimate tensile strengths as high as 1750 Mpa after aging, with 
elongation percentages of 3 percent or less in 50 mm. It is generally 
provided in thicknesses between 0.635 and 0.787 mm, and in widths of 
25.4 mm. This product is most commonly used in the manufacture of 
television tubes and is currently available under proprietary trade 
names such as ``Durphynox 17''.\4\
---------------------------------------------------------------------------

    \4\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------

    Finally, three specialty stainless steels typically used in certain 
industrial blades and surgical and medical instruments are also 
excluded from the scope of the order. These include stainless steel 
strip in coils used in the production of textile cutting tools (e.g., 
carpet knives).\5\ This steel is similar to AISI grade 420 but 
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also 
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 
0.020 percent or less, and includes between 0.20 and 0.30 percent 
copper and between 0.20 and 0.50 percent cobalt. This steel is sold 
under proprietary names such as ``GIN4 Mo.'' The second excluded 
stainless steel strip in coils is similar to AISI 420-J2 and contains, 
by weight, carbon of between 0.62 and 0.70 percent, silicon of between 
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, 
phosphorus of no more than 0.025 percent and sulfur of no more than 
0.020 percent. This steel has a carbide density on average of 100 
carbide particles per 100 square microns. An example of this product is 
``GIN5'' steel. The third specialty steel has a chemical composition 
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, 
molybdenum of between 1.15 and 1.35 percent, but lower manganese of 
between 0.20 and 0.80 percent, phosphorus of no more than 0.025 
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no 
more than 0.020 percent. This product is supplied with a hardness of 
more than Hv 500 guaranteed after customer processing, and is supplied 
as, for example, ``GIN6.'' \6\ Also excluded from the order is a 
permanent magnet iron-chromium-cobalt stainless steel strip containing, 
by weight, 13 percent chromium, 6 percent cobalt, 71 percent iron, 6 
percent nickel and 4 percent molybdenum. The product is supplied in 
widths up to 1.27 cm (12.7 mm), inclusive, with a thickness between 45 
and 75 microns, inclusive. This product exhibits magnetic remanence 
between 400 and 780 nWb, and coercivity of between 60 and 100 oersteds. 
This product is currently supplied under the trade name ``SemiVac 90.''
---------------------------------------------------------------------------

    \5\ This list of uses is illustrative and provided for 
descriptive purposes only.
    \6\ ``GIN4 Mo,'' ``GIN5'' and ``GIN6'' are the proprietary 
grades of Hitachi Metals America, Ltd.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
``Issues and Decision Memorandum for the Preliminary Results of the 
Full Five-Year (``Sunset'') Review of the Antidumping Duty Order on 
Stainless Steel Sheet and Strip in Coils from Italy'' from Christian 
Marsh, Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration (``Decision Memorandum''), which is hereby 
adopted by, and issued concurrently with, this notice. The issues 
discussed in the Decision Memorandum are the likelihood of continuation 
or recurrence of dumping and the magnitude of the margins likely to 
prevail if the order is revoked. Parties can find a complete discussion 
of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in the 
Central Records Unit, room 7046 of the main Department building. In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order on SSSS in coils from Italy would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

[[Page 81217]]



------------------------------------------------------------------------
                                                      Weighted-Average
        Manufacturers/Exporters/Producers            margin  (percent)
------------------------------------------------------------------------
TKAST............................................                   2.11
All Others.......................................                   2.11
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). 
Consistent with 19 CFR 351.310(d)(1), any hearing, if requested, will 
generally be held two days after the scheduled date for submission of 
rebuttal briefs, in accordance with 19 CFR 351.309(d). Interested 
parties may submit case briefs no later than 50 days after the date of 
publication of these preliminary results of review, in accordance with 
19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be limited to 
issues raised in the case briefs, may be filed not later than five days 
after the time limit for filing the case brief, unless the Secretary 
alters this time limit. 19 CFR 351.309(d). The Department will issue a 
notice of final results of this sunset review, which will include the 
results of its analysis of issues raised in any such briefs, no later 
than April 28, 2011.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: December 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-32476 Filed 12-23-10; 8:45 am]
BILLING CODE 3510-DS-P